Commonwealth of Australia Explanatory Memoranda

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ELECTRONIC TRANSACTIONS AMENDMENT BILL 2011

                                  2010-2011







               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA






                                   SENATE







                 ELECTRONIC TRANSACTIONS AMENDMENT BILL 2011






                               ADDENDUM TO THE
                           EXPLANATORY MEMORANDUM







              (Circulated by authority of the Attorney-General,
                        the Hon Robert McClelland MP)

SCHEDULE 1 - ITEM 19 (page 12)

At the end of paragraph 55, insert:

The broad definition of 'information system' contained in the Act does not
preclude these models from being 'an information system under the control
of the originator'.

SCHEDULE 1 - ITEM 22 (page 20)

Under the last paragraph, insert the following:

Proposed section 15B

104.  The retrospective application of proposed section 15B only applies
where an 'invitation to treat' is made before the commencement date, and a
resulting contract is formed by electronic communications after the
commencement date.  In these circumstances, proposed section 15B operates
to the extent necessary, to clarify the distinction between an 'offer' and
an 'invitation to treat' in relation to any proposals made during the
negotiations of the particular contract.

Proposed section 15C

105.  The retrospective application of proposed section 15C only applies
where a contract is formed after the commencement date, but certain actions
were carried out by automated message systems in relation to the contract
before the commencement date.  An example of an action carried out by an
automated message system would be where an office's printing equipment is
programmed to issue an order for ink or toner when required.

Proposed section 15D

106.  The retrospective application of proposed section 15D only applies
where a natural person has made an error in an electronic communication
with an automated message system before the commencement date, and the
resulting contract is formed after the commencement date.  In these
circumstances, the natural person could rely on proposed section 15D to
withdraw the portion of the electronic communication in which the input
error was made (only if the particular circumstances prescribed in proposed
section 15D that give rise to the right to withdraw the error exist).